Who has jurisdiction over an I-485 application if the subject was granted Voluntary Departure but failed to depart?

The correct answer is that an Immigration Judge has jurisdiction over an I-485 application when the individual has been granted Voluntary Departure but failed to depart. When a person is granted Voluntary Departure, they are allowed to leave the United States under specific conditions to avoid being ordered removed. However, if they do not comply with these conditions, their immigration status can be affected, and their case may be referred to an Immigration Judge.

In this scenario, since the person failed to depart, they may be placed in removal proceedings, and it's the responsibility of an Immigration Judge to oversee these proceedings. This involves determining whether the individual can adjust their status through the I-485 application or if they should be removed from the United States.

USCIS typically handles I-485 applications under normal circumstances, but once the issue of Voluntary Departure and failure to comply arises, it shifts to the jurisdiction of immigration courts. ICE, being the enforcement arm of DHS, has particular roles in deportation and enforcement but does not directly adjudicate applications. Federal Courts usually review cases after they have been addressed in lower immigration proceedings and do not have jurisdiction to decide on I-485 applications directly.